HomeMy WebLinkAboutComments A2023-0016 & A2023-0017 11B Duke Street April 27Clar_Wgton
Planning and Infrastructure Services
Committee of Adjustment
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Date of Meeting: April 27, 2023
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Address: 11 B and 13 Duke Street, Bowmanville
Report Subject: A minor variance application to support a land severance application
(LD2023-024).
Recommendations:
1. That the Report for Minor Variance Applications A2023-0016 & A2023-0017 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of these applications;
3. That application A2023-0016 for a minor variance to Sections 3.1.g.iv), 12.2.a.ii),
12.2.b.ii), 12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a
severance application (Land Division File # LD2023-024) on the retained lot by
reducing the front yard setback from the established building line, from 6.14m to
1.65m, by decreasing the minimum permitted interior side yard setback without a
garage from 3m to 0.1 m, and by increasing maximum permitted front yard porch
projection from 1.5m to Om for an existing semi-detached dwelling. The other minor
variances are to Sections 3.2.f.ii.c.ii) and Section 3.2.f.ii.b) of By-law 2021-082 as
amended in Zoning By-law 84-63 to increase the maximum permitted lot coverage
for an existing Additional Dwelling Unit in an accessory structure from 10% to 12.5%,
and to reduce the minimum permitted side yard setback from 1.8m to 1.35m be
tabled for 60 days to address drainage concerns, the encroachment of the porch
stairs on the municipal right-of-way, and site design issues; and
4. That application A2023-0017 for a minor variance to Sections 12.2.a.ii), 12.2.b.i),
12.2.d.iv), 12.2.1.b.i.c), 12.2.1.b.ii.a), 12.2.1.b.ii.c), 12.2.1.d.i) and 12.2.1.d.ii) in
Zoning By-law 84-63, facilitate a severance application (Land Division File #
LD2023-024) on the severed lot by reducing the minimum required interior lot
frontage for a single detached dwelling from 15m to 8.86m, by reducing the
minimum required interior lot area from 460 square metres to 445.7 square metres,
by reducing the minimum required rear yard setback from 7.5m to 5.2m, by
decreasing the minimum permitted interior side yard setback without a garage from
3m to 0.6m, by reducing minimum permitted interior side yard setback on other side
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 2
from 1.8m to 1.2m, by increasing the front yard setback from the established building
line to the dwelling from 2m to 23.5m, by reducing the minimum required landscape
open space from 40% to 35.9%, and by reducing the minimum required front yard
softscape from 50% to 31.7% be tabled for 60 days to address drainage concerns,
the encroachment of the porch stairs on the municipal right-of-way, and site design
issues; and
5. That all interested parties listed in this report be forwarded a copy of Committee's
decision.
1. Application Details
1.1 Owner: Daniel Hogenbirk on behalf of 2774626 Ontario Inc.
1.2 Agent: Ashlee Prescott & Michael Fry on behalf of D.G. Biddle & Associates Lim
1.3 Proposal: For application A2023-0016, minor variance to Sections 3.1.g.iv), 12.2.a.ii),
12.2.b.ii), 12.2.1.b.i.b), and 12.2.1.b.ii.a) in Zoning By-law 84-63, to facilitate a
severance application (Land Division File # LD2023-024) on the retained lot by reducing
the front yard setback from the established building line, from 6.14m to 1.65m, by
decreasing the minimum permitted interior side yard setback without a garage from 3m
to 0.1 m, and by increasing maximum permitted front yard porch projection from 1.5m to
Om for an existing semi-detached dwelling. The other minor variances are to Sections
3.2.f.ii.c.ii) and Section 3.2.f.ii.b) of By-law 2021-082 as amended in Zoning By-law 84-
63 to increase the maximum permitted lot coverage for an existing Additional Dwelling
Unit in an accessory structure from 10% to 12.5%, and to reduce the minimum
permitted side yard setback from 1.8m to 1.35m.
For application A2023-0017, minor variances to Sections 12.2.a.ii), 12.2.b.i), 12.2.d.iv),
12.2.1.b.i.c), 12.2.1.b.ii.a), 12.2.1.b.ii.c), 12.2.1.d.i) and 12.2.1.d.ii) in Zoning By-law 84-
63, facilitate a severance application (Land Division File # LD2023-024) on the severed
lot by reducing the minimum required interior lot frontage for a single detached dwelling
from 15m to 8.86m, by reducing the minimum required interior lot area from 460 square
metres to 445.7 square metres, by reducing the minimum required rear yard setback
from 7.5m to 5.2m, by decreasing the minimum permitted interior side yard setback
without a garage from 3m to 0.6m, by reducing minimum permitted interior side yard
setback on other side from 1.8m to 1.2m, by increasing the front yard setback from the
established building line to the dwelling from 2m to 23.5m, by reducing the minimum
required landscape open space from 40% to 35.9%, and by reducing the minimum
required front yard softscape from 50% to 31.7%
1.4 Area of Lot: Approximately 1,541.6 square metres
1.5 Location: 11 B Duke Street, Bowmanville
1.6 Legal Description: Part Lot 11, Concession 1, Former Township of Darlington
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 3
1.7 Zoning: "Urban Residential Type One (R1)" in the Neighbourhood Character Overlay
1.8 Clarington Official Plan Designation: "Urban Residential"
1.9 Durham Region Official Plan Designation: "Living Areas"
1.10 Heritage Status: Secondary
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 4
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Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 5
2. Background
2.1 On September 12, 2022 a building permit was issued for an ADU in an accessory
structure for 11 B Duke Street. At the time of the building permit application, there was
already an existing ADU in the basement of the semi-detached dwelling. The proposed
retained parcel has an existing semi-detached dwelling with a second unit in the
basement, and the third unit is an accessory structure that is situated at the rear of the
property. Similarly, a building permit was also issued for an ADU in an accessory
structure around the same time on the abutting property located at 9 Duke Street.
2.2 On March 13th, 2023, the Planning & Infrastructure Services Department received two
minor variance applications to support a land severance application (LD2023-024). The
minor variance applications seek relief from some Neighbourhood Character Overlay
zoning regulations to facilitate a severance of land for 11 B Duke Street.
2.3 Upon reviewing both minor variance applications, Staff have been advised of, drainage
concerns, encroachment concerns with the front stairs and site design issues with the
proposed severed and retained parcels. Staff are proposing to table both applications
for 60 days, to work with the applicant and owner on addressing all the issues noted
above.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located at 11 B Duke Street in Bowmanville and has frontage
along Duke Street (see Figure 1). The existing lot area is approximately 1,541.6 square
metres in size. The property has a lot frontage of approximately 18.56 metres on Duke
Street, and an approximate depth of 50.32 metres. There is an existing semi-detached
dwelling and an ADU in an accessory structure on the property (see Figure 2).
3.2 The surrounding uses to the north, east, south and west are urban residential properties
(see Figure 2).
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017
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Page 6
Figure 2: Aerial Photo showing the subject lands in 2022. The property lines are shown in
blue.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, a public
notice was mailed to each landowner within 60m of the subject lands.
4.2 At the time of writing this report, Staff have received concerns from two residents
regarding the proposal. The overall concerns received were as follows:
i. There not being enough parking for all the proposed residential units on both the
retained and severed parcels;
ii. Existing tenants all park on the street and on -street parking is already limited along
Duke Street;
iii. Privacy concerns to the abutting neighbours;
iv. Pipes are sticking out in the front law, and there is concern that there are some sort
of pollutants in the ground; and
V. This proposal is not in keeping with the established neighbourhood character of the
area.
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 7
5. Departmental Comments and External Agencies
5.1 The Development Engineering Division of Planning & Infrastructure Services has
reviewed the proposal has no objections subject to the following comments:
The Municipality will not permit a side yard setback of 0.1 m. The
Municipality's minimum requirement for side yard swales is 0.15m depth,
2.0% grade, with 3:1 side sloping. A 0.1 m side yard setback would not
provide sufficient space to achieve this minimum standard even if the swale
were located on the property line;
The Municipality will not permit drainage from the rear of 11 Duke Street
(retained parcel) to be directed into the neighbouring property;
iii. As a condition of approval for this Minor Variance, the Municipality will require
existing porch steps constructed within the Municipal right-of-way at 11 Duke
Street to be relocated and/or removed. Permanent structures/features are not
permitted within the Municipality's property; and
iv. The provided plans may be subject to additional comments related to grading
and servicing at the Building Permit stage.
5.2 The Community Planning Division of Planning & Infrastructure Services notes the
property is identified as "Secondary" heritage property on Clarington's Cultural Heritage
Resources List and is subject to the Celebrating our Cultural Heritage policies in Section
8 of the Clarington Official Plan. Any proposed development should conserve and
enhance the cultural heritage resource, and the proposed changes should be
compatible and consistent with the building and the surrounding area in terms of
building materials, colour, height, scale and design including windows, doors and roof
lines.
5.3 The Building Division of Planning and Infrastructure Services has no concerns or
objections to the proposal.
5.4 Clarington Emergency and Fire Services Department have no concerns with this
proposal.
Municipality of Clarington
Committee of Adjustment A2023-0016 & A2023-0017 Page 8
6. Conclusion
6.1 Given the above comments, Staff recommends tabling of applications A2023-0016 and
A2023-0017 for 60 days to address drainage concerns with the retained and severed
parcels, the encroachment of the exist porch stairs on the municipal right-of-way and
site design issues.
Submitted by:
Amanda Tapp
Manager, Development Review Division
Staff Contact: Jacob Circo, Planner II, 905-623-3379 extension 2425 or
JCirco clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Michael Fry
Ashlee Prescott
Daniel Hogenbirk
Clare Ashton
Mark Hunter